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Issue estoppel, res judicata, there is a distinction between 'issue estoppel' and 'res judicata'. Res judicata debars a court from exercising its jurisdiction to determine thelis if it has attained the finality between the parties whereas the doctrine issue estoppel is invoked against the party, if such an issue is decided against him, he would be estopped from raising the same in the latter proceeding the doctrine of res judicata creates a different kind of estoppel viz., estoppel by accord, Bhanu Kumar Jain v. Archana Kumar, (2005) 1 SCC 787 (798) (Civil PC 1908, s. 11]...

Re creative

Creating anew as re creative power...

Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur

Non impedit clausula derogatoria quo minus ab eadem potestate res dissolvantur a qua constituuntur [Lat.], a derogatory clause does not prevent things from being dissolved by the same power which created them....

Re-entry

Re-entry, the resuming or retaking that possession which one has lately foregone. A clause of this nature, called a 'proviso for re-entry,' is inserted in every properly drawn lease, empowering the lessor to re-enter upon the demised premises if the rent is in arrear for a certain period, e.g., twenty-one days, or if there shall be any breach of the lessee's covenants. A proviso for re-entry, strictly speaking, is only applicable to corporeal hereditaments; see Sitwell v. Londesborough (Earl of), (1905) 1 Ch 465. A proviso for re-entry for breach of covenant has been denounced by a judge of the greatest eminence as 'a most odious stipulation', Hodgkinson v. Crowe, (1875) LR 10 Ch 626, per Sir Wm. James, L.J., but in practice is certainly common enough. A proviso confined to the case of non-payment of rent is a 'usual' stipulation: see Re Anderton, (1890) 45 Ch D 476. A lease under the Settled Land Act, 1882, must contain a condition of re-entry on the rent not being paid within a speci...

Res judicata

Res judicata, a final judgment already decided between the same parties or their privies on the same question by a legally constituted Court having jurisdiction is conclusive between the parties, and the issue cannot be raised again. The judgment may have been given by a foreign Court, Tarleton v. Tarleton, 4 M&S 21. A matter which is res judicata cannot be further gone into; but if the decision was obtained by fraud it can be set aside, Cole v. Langford, (1898) 2 QB 36. Criminal proceedings do not constitute a res judicata as regards civil proceedings arising out of the same facts, Caione v. Palace Shipping Co., (1907) 1 KB 670; and see also Anderson v. Collinson, (1901) 2 KB 107. See ESTOPPEL.When it is said that a previous decision is res judicata, it is meant that the right claimed has been adjudicated upon and cannot again be placed in contest between the same parties. A previous decision of a competent Court on fact which are the foundation of the right and the relevant law appli...

Re-development areas

Re-development areas. By ss. 34 et seq. of the (English) Housing Act, 1936, a local authority may acquire an area of land by agreement or compulsorily for houses for the working classes if after an inspection for the purposes of detecting overcrowding under s. 1 of the Act or otherwise the authority is satisfied that the area contains fifty or more working class houses, of which at least one-third are overcrowded or unfit for human habitation, and that the industrial and social conditions of the district are such that the area should be used for working-class houses and that the area should be re-developed as a whole for their accommodation. The authority must in those conditions prepare a re-development plan by reference to a map to be submitted to the Minister of Health for approval, and the Minister must hold a public inquiry if there is any objection, before giving or withholding or modifying the plan; in any other case approval may be given, qualified or withheld at the Minister''...

res judicata

res judicata [Latin, judged matter] 1 : a thing, matter, or determination that is adjudged or final: as a : a claim, issue, or cause of action that is settled by a judgment conclusive as to the rights, questions, and facts involved in the dispute b : a judgment, decree, award, or other determination that is considered final and bars relitigation of the same matter [the trial court interpreted the earlier order as a dismissal with prejudice and thus res judicata as to the subsequent complaint "Southeast Mortg. Co. v. Sinclair, 632 So. 2d 677 (1994)"] ;also : the barring effect of such a determination 2 : a principle or doctrine that generally bars relitigation or reconsideration of matters determined in adjudication [the doctrine of res judicata precludes the presentation of issues in a post-conviction petition which have previously been decided upon direct appeal "Stowers v. State, 657 N.E.2d 194 (1995)"]: as a : a broad doctrine in civil litigation that requires and includes ...

Re-insurance or Re-assurance

Re-insurance or Re-assurance, a contract by which a first insurer relieves himself from the risks which he has undertaken, and devolves them upon other insurers, called re-insurers or re-assurers....

res gestae

res gestae [Latin, things done, deeds] 1 : the acts, facts, circumstances, statements, or occurrences that form the environment of a main act or event and esp. of a crime and are so closely connected to it that they constitute part of a continuous transaction and can serve to illustrate its character [the decedent's statement…was too far removed in time and place to be admissible as part of the res gestae "Lynch v. State, 552 N.E.2d 56 (1990)"] 2 a : an exception or set of exceptions to the hearsay rule that permits the admission of hearsay evidence regarding excited utterances or declarations relating to mental, emotional, or bodily states or sense impressions of a witness or participant compare dying declaration and spontaneous declaration at declaration, excited utterance NOTE: Res gestae in common law encompassed a variety of different exceptions to the hearsay rule, but most modern rules of evidence (as the Federal Rules of Evidence) have abandoned use of res gestae and...

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